Local Government Act 2001

F209 [ Appointment of chief executive.

145

145 . (1) The following are reserved functions

(a) the appointment by a county council, city council or a city and county council of a chief executive under section 6 of the Local Authorities (Officers and Employees) Act 1926 (in this section referred to as the Act of 1926 ) by virtue of a recommendation of the Chief Executive of the Public Appointments Service, and

(b) the suspension or removal from employment of a chief executive in accordance with section 146.

(2) For the purposes of section 6 of the Act of 1926 a request shall be deemed to have been submitted in respect of the employment of a chief executive

(a) in the case of a chief executive to whom section 147 applies

(i) 6 months in advance of the expiration of the tenure period referred to in section 147(1), or

(ii) on the date that chief executive ceases to hold employment,

whichever is the earlier, and

(b) in any other case

(i) 6 months in advance of the date that chief executive would attain the age-limit for his or her employment, or

(ii) on the date that chief executive ceases to hold employment,

whichever is the earlier.

(3) Where, as respects a county council, city council or city and county council, including a county council or city council in a group of authorities, a recommendation is made under section 6 of the Act of 1926 of a person for appointment as the chief executive, such council shall

(a) within 3 months of the date of the recommendation meet and decide to appoint or not appoint as chief executive the person so recommended, and

(b) in the event of deciding not to approve the appointment, furnish to the recommended person the reasons for such decision.

(4)(a) The Minister may make regulations relating to the procedures to be followed by every local authority (including a county council or city council in a group of authorities)

(i) when considering a recommendation made to it to which subsection (1)(a) relates, and

(ii) for the purposes of subsection (3),

and each such local authority shall comply with those regulations.

(b) Without prejudice to the generality of paragraph (a), regulations under this subsection may provide for arrangements to be put in place and used in respect of the consideration of a recommendation made under section 6 of the Act of 1926, and for that purpose such arrangements may include

(i) provisions for the purpose of a local authority seeking information from the recommended person in respect of his or her proposed appointment, the time periods within which

(I) such information may be so sought, and

(II) further information may be so sought,

and the manner of the provision of such information to the local authority,

(ii) the manner of dealing with information, whether from the recommended person or otherwise, associated with such a recommendation,

(iii) the criteria to apply in respect of the consideration of such a recommendation,

(iv) the records to be maintained by a local authority in relation to the consideration of such a recommendation,

(v) the conducting otherwise than in public of any meeting, or part of a meeting, that considers or otherwise relates to such a recommendation, and

(vi) the keeping in a confidential manner of information obtained, whether from the recommended person or otherwise, and records maintained that relate to such a recommendation.

(c) In making regulations under paragraph (a), the Minister may have regard to and take account of any code of practice issued by the Commission for Public Service Appointments under section 23 of the Public Service Management (Recruitment and Appointments) Act 2004 in existence at the time of the making of the regulations that would relate (in whole or in part) to the selection process that precedes a recommendation to which subsection (1)(a) applies.

(5) Where, as respects a county council, city council or city and county council, including a county council or city council in a group of authorities, such council has decided to not appoint as chief executive the person recommended to which subsection (1)(a) relates, then, for the purposes of section 6 (other than subsection (4)) of the Act of 1926, and notwithstanding the said subsection (4) or any other provision of this Act or any other enactment, a further request shall be deemed to have been submitted in respect of the employment of a chief executive.

(6) Where a position of chief executive becomes vacant the Minister shall appoint a person to be the chief executive temporarily until a permanent appointment to the position is made but such temporary appointment may be terminated by the Minister at any time.

(7) Section 5 of the Act of 1926 does not apply to the position of chief executive. ]

Annotations:

Amendments:

F209

Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 54(1), S.I. No. 214 of 2014.

Editorial Notes:

E259

Power pursuant to section exercised (18.12.2014) by Local Government (Appointment of Chief Executive) Regulations 2014 (S.I. No. 589 of 2014).

E260

Previous affecting provision: power pursuant to subs. (3A) exercised (2.01.2014) by Local Government Act 2001 (Appointment of Manager) (Waterford) Order 2013 (S.I. No. 583 of 2013); ceased on deletion of its enabling provision as per F-note above, subject to continuation as necessary by Local Government Law Reform Act 2014 (1/2014), s. 2(1), commenced (30.01.2014) by S.I. No. 38 of 2014.

E261

Previous affecting provision: power pursuant to subs. (3A) exercised (14.11.2013) by Local Government Act 2001 (Appointment of Manager) (Tipperary) Order 2013 (S.I. No. 429 of 2013); ceased on deletion of its enabling provision as per F-note above, subject to continuation as necessary by Local Government Law Reform Act 2014 (1/2014), s. 2(1), commenced (30.01.2014) by S.I. No. 38 of 2014.

E262

Previous affecting provision: subs. (1) amended (6.10.2004) by Public Service Management (Recruitment and Appointments) Act 2004 (33/2004), s. 61(1) and sch. 2 part 1, commenced on enactment; section substituted as per F-note above.

E263

Previous affecting provision: subs. (3) amended (15.08.2012) by Local Government (Miscellaneous Provisions) Act 2012 (17/2012), s. 17(a), S.I. No. 292 of 2012; section substituted as per F-note above.

E264

Previous affecting provision: subs. (3A) inserted (15.08.2012) by Local Government (Miscellaneous Provisions) Act 2012 (17/2012), s. 17(b), S.I. No. 292 of 2012; section substituted as per F-note above.